Michigan Laws 780.763 – Notice to be given victim by prosecuting attorney; means; contents of impact statement
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(1) The prosecuting attorney, upon and in accordance with the request of the victim, shall give to the victim notice of the following:
(a) The defendant‘s conviction.
Terms Used In Michigan Laws 780.763
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person charged with, convicted of, or found not guilty by reason of insanity of committing a crime against a victim. See Michigan Laws 780.752
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecuting attorney: means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, or a special prosecuting attorney. See Michigan Laws 780.752
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Victim: means any of the following:
(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v). See Michigan Laws 780.752
(b) The crimes for which the defendant was convicted.
(c) The victim’s right to make a written or oral impact statement for use in the preparation of a presentence investigation report concerning the defendant.
(d) The address and telephone number of the probation office which is to prepare the presentence investigation report.
(e) That a presentence investigation report and any statement of the victim included in the report will be made available to the defendant unless exempted from disclosure by the court.
(f) The victim’s right to make an impact statement at sentencing.
(g) The time and place of the sentencing proceeding.
(2) The notice given by the prosecuting attorney to the victim must be given by any means reasonably calculated to give prompt actual notice.
(3) A notice given under subsection (1) shall inform the victim that his or her impact statement may include but shall not be limited to the following:
(a) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.
(b) An explanation of the extent of any economic loss or property damage suffered by the victim.
(c) An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage.
(d) The victim’s recommendation for an appropriate sentence.